Standing: the relevant statute confers unqualified
power on this Court to grant certiorari “upon the petition of any party.” 28 U.
S. C. §1254(1). That language covers petitions brought by litigants who have
prevailed, as well as those who have lost, in the courts below; an appeal
brought by a prevailing party may satisfy Article III’s case-or-controversy
requirement. To comply with that requirement, litigants must demonstrate a
“personal stake” in the suit. Summers v. Earth Island Institute,
555 U. S. 488, ___. The petitioner has such a stake when he has “suffered an
‘injury in fact’ ” that is caused by “the conduct complained of” and that “will
be ‘redressed by a favorable decision.’ ” Lujan v. Defenders of
Wildlife, 504 U. S. 555, 560–561. And the opposing party also must have an
ongoing interest in the dispute, so that the case features “ ‘that concrete
adverseness which sharpens the presentation of issues.’ ” Los Angeles v.
Lyons, 461 U. S. 95, 101. The parties must have the necessary stake not
only at the outset of litigation, but throughout its course. Arizonans for
Official English v. Arizona, 520 U. S. 43, 67. So long as the
litigants possess the requisite personal stake, an appeal presents a case or
controversy, no matter that the appealing party was the prevailing party below.
See Deposit Guaranty Nat. Bank v. Roper, 445 U. S. 326, 332–336; Electrical
Fittings Corp. v. Thomas & Betts Co., 307 U. S. 241; this
Article III standard often will be met when immunized officials seek to
challenge a determination that their conduct violated the Constitution because
that ruling may have prospective effect on the parties. So long as it remains
good law, an official who regularly engages in the challenged conduct as part
of his job (as Camreta does) must either change the way he performs his duties
or risk a meritorious damages action. The official thus can demonstrate injury,
causation, and redressability. And conversely, if the person who initially
brought the suit may again be subject to the challenged conduct, she has a stake
in preserving the court’s holding so that she will have ongoing protection from
the practice (U.S.S.Ct., 26.05.11, Camreta v. Greene, J. Kagan).
Thursday, May 26, 2011
Camreta v. Greene
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